Overview of the
Total Maximum Daily Load
Program
Total Maximum Daily Loads
? Critical program for achieving healthy
watersheds and clean water nationwide
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States report over 40 percent of assessed
waters are still too polluted for fishing or
swimming even after 28 years of water
pollution control efforts
? What is a TMDL?
? The amount of a pollutant that a waterbody
can receive and still meet water quality
standards
Clean Water Act Requires . . .
? As enacted in 1972, §303(d) of the
Clean Water Act requires States to:
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Identify waters not meeting State water
quality standards -- §303(d) list
Set priorities for TMDL development
Develop a TMDL for each pollutant for each
listed water
? EPA to approve or disapprove State
submissions, and if disapproved, to act
in lieu of State
What do §303(d) lists tell us?
? 218 million Americans live within 10
miles of an impaired waterbody
? States have identified about 21,000
polluted river segments, lakes, and
estuaries
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Over 300,000 river & shore miles & 5 million
lake acres
Excess sediments, nutrients, and harmful
microorganisms are leading reasons
Sources of Impairment by Category
from the 1998 303(d) List
43%
47%
10%
Nonpoint Sources Only
Point Sources Only
Combination of Point &
Nonpoint Sources
Regulatory History
? 1985 -- TMDL regulations first issued
? Provisions included nonpoint sources
and load allocations
? 1992 -- TMDL regulations revised
? Provisions called for State lists every
two years
? 1999 -- Revisions to TMDL and
NPDES regulations proposed
Regulatory History
(cont)
? Final Rule issued on July 13
? Congressional rider on military
construction/supplemental
appropriations prohibits EPA from
implementing this rule
? TMDL program continues under 1992
regulations and agreements reached
through litigation
TMDL Litigation
? About 45 legal actions in 37 States and
District of Columbia
? EPA under court order/consent decree
to ensure TMDLs are established in
many States
? Issues:
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Lists -- adequacy, basis, underlying data
Pace of TMDLs -- when will they all be done
Backstop -- EPA guarantee to do TMDLs if a
State does not
1992 Regulations
? Scope of State lists
? Includes waters impaired or threatened by
pollutants
? List composed of waters needing TMDLs
? Waters remain on the list until the TMDL is
approved, or when water quality standards
have been attained
? 2-year listing cycle
? Submitted to EPA on April 1 in every even
numbered year
1992 Regulations (cont)
? Methodology used to develop list
? States use “all existing and readily available
water quality-related information”
? Monitored and evaluated data used
? Methodology submitted at the same time as
the list
? If EPA asks, States must provide “good
cause” for not including a water on the list.
1992 Regulations (cont)
? Components of a TMDL
? Sum of allowable loads to meet water
quality standards
• Wasteload allocations from point sources
• Load allocations from nonpoint sources and natural
background
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Margin of safety
Considers seasonal variation
1992 Regulations (cont)
? Priorities/Schedule for TMDL
development
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List must include priority ranking based on
severity of pollution and uses to be made of
the water
Identify pollutant of concern
State must identify waters targeted for
TMDL development within the next 2 years
1992 Regulations (cont)
? Public review
? State calculations to establish TMDLs must
be subject to public review
? EPA actions on lists and TMDLs
? EPA has 30 days to approve/disapprove
State lists, priority ranking and targeting
? If EPA disapproves, it has 30 days to
establish list or TMDL, and must seek public
comment
1992 Regulations (cont)
? Interpretive guidance issued in 1997
? Sought to establish nationally consistent
approach for developing and implementing
TMDLs
• States should develop schedules for establishing TMDLs
expeditiously, generally within 8-13 years of being listed
• States should describe plan for implementing load allocations
for nonpoint sources, including -– Reasonable assurances that load allocations will be
achieved, using incentive-based, non-regulatory or
regulatory approaches
– Public participation process
– Recognition of other watershed management processes
and programs
EPA Objectives for the 2000 Rule
? Establish effective and flexible
framework to move the country toward
goal of clean water for all Americans
? Establish process for making decisions
in a common sense, cost-effective way
on how best to restore polluted
waterbodies
Overview of 2000 Rule
? Provides for a more comprehensive list
of impaired waters
? Lists would be submitted every 4 years
? Impaired waters would remain on list
until water quality standards are
attained
? Public would be notified and have
opportunity to comment on
methodology, lists and TMDLs
Overview of 2000 Rule (cont.)
? Would strengthen efforts to put in
place cleanup actions that result in
attaining water quality standards
? NPDES permits could be revised to be
consistent with the TMDL
? Sets goal of attaining water quality
standards within 10 years, if possible
Current TMDL Program
? 2000 final rule cannot be
implemented
? 1992 regulations and interpretive
guidance will govern the TMDL
program
? Consent decrees or settlement
agreements will guide TMDL
development in many instances
For More Information
? TMDL homepage -
http://www.epa.gov/owow/tmdl
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EPA guidance and documents
Status report on litigation
TMDL Federal Advisory Committee Report
Maps and information on impaired waters
Links to other TMDL websites, including
States
Regulations